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  5. 5 N.Y.2d 300 (1959)
 

MTR. OF CITY OF NEW YORK (U. S. A. COBLENTZ)

5 N.Y.2d 300 (1959)

In the Matter of the City of New York, Respondent, Relative to Acquiring Title to Real Property for the Washington Square Slum Clearance, Borough of Manhattan. United States of America, Appellant; Bernard W. Coblentz et al., Respondents.

Court of Appeals of the State of New York.

Decided March 5, 1959.

Attorney(s) appearing for the Case

Paul W. Williams, United States Attorney for the Southern District of New York (Nicholas Tsoucalas and Elliot L. Hoffman of counsel), for United States of America, appellant.

Bernard W. Coblentz, in person, and Alfred D. Jahr for Bernard W. Coblentz, respondent.

Lester Nelson for New York University, respondent.

Norris Darrell, John F. Dooling, Jr., Caroline K. Simon and David G. Oringer for New York County Lawyers Association, amicus curiæ, in support of respondents' position.

Chief Judge CONWAY and Judges DESMOND, FROESSEL, VAN VOORHIS and BURKE concur with Judge DYE; Judge FULD dissents in a separate opinion.

DYE, J.

On this appeal the respondent, an attorney, and the appellant Government are contesting the relative priority in payment of the attorney's fee for services rendered and the Government's lien for unpaid withholding taxes. The question posed is whether the attorney, by virtue of the assignment clause in his retainer contract, is a "purchaser" of "property" or "rights to property" within the meaning of section...

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